INTERIM CONTRACT

INTERIM CONTRACT between CLARK COUNTY FIRE DISTRICTS 11 & 12 DBA Clark County Fire and Rescue and CLARK COUNTY FIREFIGHTERS LOCALS 3674 & 4229, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 1 CONTENTS PREAMBLE..................................................................................................................... 4 ARTICLE 1. Recognition ................................................................................................. 4 ARTICLE 2. Term of Agreement ..................................................................................... 4 ARTICLE 3. Non-discrimination ...................................................................................... 4 ARTICLE 4. Rights of Management ................................................................................ 5 ARTICLE 5. Union Business……………………………………. ........................................ 5 ARTICLE 6. Union Membership and Dues ...................................................................... 6 ARTICLE 7. Work Schedules .......................................................................................... 7 ARTICLE 8. Overtime Pay .............................................................................................. 8 ARTICLE 9. Sick, Bereavement, and Military Leaves ..................................................... 9 ARTICLE 10. Vacation .................................................................................................. 11 ARTICLE 11. Holidays .................................................................................................. 14 ARTICLE 12. Salaries ................................................................................................... 13 ARTICLE 13. Health Insurance ..................................................................................... 15 ARTICLE 14. Uniforms ................................................................................................. 14 ARTICLE 15. Educational Reimbursement ................................................................... 15 ARTICLE 16. Grievance Procedure .............................................................................. 15 ARTICLE 17. Probation ................................................................................................ 17 ARTICLE 18. Disciplinary Procedures .......................................................................... 17 ARTICLE 19. Substance Abuse ................................................................................... 17 ARTICLE 20. Reductions in Force ................................................................................ 18 ARTICLE 21. Seniority .................................................................................................. 18 ARTICLE 22. Medical Expense Reimbursement Plan (MERP) ..................................... 19 ARTICLE 23. Saving Clause ......................................................................................... 19 2 ARTICLE 24. Longevity ................................................................................................. 19 ARTICLE 25. Deferred Compensation .......................................................................... 20 ARTICLE 26. Wellness Program and Job Function Ability Testing ............................... 21 ARTICLE 27. Reclassification ....................................................................................... 21 ARTICLE 28. Duty out of Rank .................................................................................... 22 ARTICLE 29. Safety Committee ................................................................................... 22 Exhibit A. Salaries ......................................................................................................... 24 SIGNATURE PAGE ...................................................................................................... 25 3 PREAMBLE Pursuant to RCW 41.56, this agreement is between Clark County Fire & Rescue (hereinafter called “Fire District”) and the International Association of Fire Fighters Locals # 3674 and 4229 (hereinafter called the “Union”) for the purpose of setting forth the mutual understanding of the parties regarding wages, hours and conditions of employment of those employees for whom the Fire District has recognized the Union as the exclusive collective bargaining representative. ARTICLE 1. Recognition The Fire District hereby recognizes the Union as the exclusive bargaining representative and bargaining agent for the bargaining unit, consisting of all full-time, fully-compensated uniformed personnel as defined in RCW 41.56.030, employed by the Fire District, excluding supervisors, confidential employees, and all other non-uniformed personnel. ARTICLE 2. Term of Agreement This Agreement shall be for a term of an agreed start date and ending December 31, 2008. ARTICLE 3. Non-discrimination SECTION A: Consistent with federal and state laws, neither the Fire District nor the Union will unlawfully discriminate against any employee because of race, gender, color, national origin, religion, age, marital status, or the presence of physical or mental disability, or protected union activity. SECTION B: Wherever words denoting the masculine gender are used in this Agreement, they are intended to apply equally to either gender. 4 SECTION C: The grievance procedure of this Agreement shall be utilized by employees making any claims under this article, provided, however, that prior to proceeding to use the arbitration procedure, the employee must elect between the remedies provided by arbitration versus judicial and administrative processes. If the employee elects arbitration, the employee must provide a written waiver of all other remedies, including any judicial and administrative remedies, and the arbitral forum shall provide the final determination of the dispute. SECTION D: The grievant may pursue judicial or administrative remedies only after the grievance procedure outlined in this Agreement has been used. ARTICLE 4 Rights of Management Section A: Except as expressly limited by the terms of this Agreement, the Fire District reserves the right to manage and operate the Fire District in all respects. This right includes, but is not limited to: the right to hire, promote, discipline or discharge for just cause, to assign and transfer employees, to determine the manner and means by which the Fire District‟s activities shall be undertaken and accomplished, to establish work schedules within the recognized hours of work and work schedules, to determine all levels of manning or staffing, to continue to perform work through the utilization of non-bargaining unit staff, including part-time employees and volunteers, to determine the location of District facilities, to enter into agreements with other local government entities concerning the provision of fire suppression, emergency medical, or other services provided by the Fire District, to make and enforce reasonable rules and regulations, and to undertake such other actions as it may deem necessary in the discharging of its obligations to the public. Section B: With the exception of the rights reserved above, any other changes in mandatory subjects of bargaining shall be made in accordance with RCW 41.56. ARTICLE 5 Union Business SECTION A: The Fire District shall allow Union officers to use administrative leave, shift trades, or vacation for the purpose of attending official Union activities, provided that time off under this Article shall result in no additional cost to the Fire District. 5 SECTION B: Employees on duty may attend regular Union meetings telephonically with timely advance notice with the approval of the Fire Chief or his or her designee, provided that such attendance does not interfere with the performance of their normal duties and that the on-duty employees remain available for emergency duty that may arise during the course of the meetings. On duty Union members may attend union or special Commissioner meetings in person if they are able to find qualified persons to cover their position on the engine while at the meeting. Members choosing this option must be ready to respond as appropriate in vehicles located at the meeting station. If they are unable to find qualified coverage, they may still attend the above with the permission of the chief or the chief‟s representative. SECTION C: The Fire District shall allow the Union to post official Union notices and bulletins on bulletin boards in each fire station. Placement of the bulletin boards shall be done by approval of the Fire Chief or his or her designee. The Union shall limit its postings to these bulletin boards. All postings shall be removed if no longer current. The Union shall be responsible to keep all Union postings orderly and neat in appearance. ARTICLE 6 Union Membership and Dues Section A: It shall be a condition of employment that all employees of the Employer, covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, on the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Union, or in lieu thereof pay each month a service charge equivalent to regular union dues to the Union as a contribution toward the administration of the Agreement. Provided: Objections to joining the Union will be observed. Any such employee shall pay an amount of money equivalent to regular union dues and initiation fees to a non religious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and initiation fees. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the Public Employment Relations Commission shall designate the charitable organization. Section B: The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union. The parties also agree that, when an employee fails to fulfill the above obligation, the Union shall provide the 6 employee and its Employer within thirty (30) days notification of the Union‟s intent to initiate discharge action, and during this period, the employee may make restitution in the amount which is overdue. Section C: The Employer agrees to deduct, once or twice (depending on new pay schedule) each month, dues, initiation fees, and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month by the Employer to the Treasurer of the Union. ARTICLE 7 Work Schedules SECTION A: The schedule of work and hours of each employee covered by this Agreement shall be established by the Fire District as its needs and circumstances warrant. For those employees assigned to work 24-hour shifts (“24-hour shift employees”), the basic work week shall ordinarily consist of an average 56 hours per week, comprising 24 hours on duty and 48 hours off duty, ordinarily consisting of an average 204 hours per twenty-seven day work schedule and 2920 hours per year. For those employees assigned to work periods of eight hours per day (“8-hour day shift employees”), the work week shall ordinarily consist of five consecutive eight-hour days followed by two days off. For those employees assigned to work periods of ten hours per day (“10-hour day shift employees”), the work week shall ordinarily consist of four consecutive ten-hour days followed by three days off. Day shift employees shall receive overtime in accordance with the overtime provisions of this Agreement for actual hours worked in excess of 40 in a given seven-day cycle. No day shift employee shall regularly be scheduled to work more than one weekend day, and day shift employees shall only be regularly scheduled to work one weekend day for a maximum of six months in a twelve-month period, unless agreed to by mutual consent. SECTION B: Work hours for 8-hour day shift personnel are ordinarily 0800 to 1700. Work hours for 10-hour day shift personnel are ordinarily 0700 to 1700. Work hours for 24-hour shift personnel ordinarily will start at 0700 hours and continue until 0700 hours the following day. These three shifts receive one hour for lunch and two 15 minute breaks, one falling in the morning and one in the afternoon. 8-hour shift employees are considered off-duty during their lunch period. Other shifts are required to be on duty during their entire shift and available to respond to emergencies or other district business at any time. Productive hours for all shifts are set by District policy. SECTION C: The Fire District may adjust the above schedules as the needs and circumstances of the Fire District dictate. The Fire District maintains the right to transfer employees, temporarily or permanently, from one shift to the other as the needs and circumstances of the Fire District dictate. Such permanent changes in shift or schedules shall be made after the Fire District provides the affected employees with a 7 minimum of fourteen days‟ notice. For one-time or temporary changes in shift assignments or shift start and stop times, the Fire District may in its sole discretion make such changes if it provides notice to the affected employees seven calendar days in advance of the shift at issue. Such notice shall not be necessary if the change is done by mutual consent between the affected employees and the Fire Chief or his or her designee or if required by emergency circumstances. SECTION D: When an Employee is unable to perform regular duties due to injury or medical reasons and appropriate alternative work, as defined by the Fire Chief, is available, the Employee may request assignment to light duty tasks, subject to the recommendation of a treating physician. The Fire District may request their-own physician evaluation before granting light duty. Employees assigned to light duty shall work the Fire District‟s established 40-hour work week schedule. If an alternative work schedule is necessary, the Fire District and the Employee shall confer and agree to the alternative schedule. Length of light duty shall be at the discretion of the Fire District Chief or his or her designee. ARTICLE 8 Overtime Pay Section A: 1. 2. 3. GENERAL All overtime, except late calls and emergencies, must be approved in advance. The overtime rate shall be one (1) and one-half (1/2) times the regular rate. Overtime shall be compensated in pay or compensatory time off. SCHEDULED SHIFTS OFF TO REDUCE HOURS Section B: Shift employees shall be scheduled thirteen (13) shifts off per year for the purpose of avoiding overtime by reducing average hours worked to two hundred four (204) hours per (27) day cycle. This shift shall be known as an “FLSA Shift” and shall be scheduled by a “bid” process in November of the preceding year based on seniority. Provided that, 8 no three employees may have the same FLSA day; and no employee may take more than one FLSA day in any work cycle. Section C: 1. CALL BACK/OVERTIME If an employee is called back for unscheduled duty or held over, he shall be compensated at the rate of time and one-half. A minimum of (2) hours will be paid for call back. The Employer may, at its option, require an employee to hold over for a maximum of (2) hours. 2. Except as provided above, all overtime shall be voluntary. The employee shall be compensated at time and one-half for all overtime. Overtime may be compensated in pay or compensatory time off. Compensation in compensatory time will be mutually agreed upon by the employee and the Fire District. All hours worked in excess of the FLSA maximum for the work cycle will be compensated at the rate of time and one-half. The Employer shall make reasonable efforts to distribute overtime opportunities for bargaining unit members equally. For the purpose of calculating the hourly rate which shall apply to excess hours of work (overtime), the employees‟ total monthly salary shall be multiplied by 12 then divided by 2608 for shift employees and by 2080 for 40 hour employees, then multiplied by 1.5. Example: If an employee‟s total monthly salary is $3500, then his overtime rate would be $3500 X 12 = $16.13 X 1.5 =$24.19 2608 3. 4. 5. ARTICLE 9 Sick, Bereavement, and Military Leaves SECTION A: SICK LEAVE ACCRUAL 1. Sick leave will be provided to employees on the following schedule: 2. Non-shift employees will be credited with forty (40) hours of leave at their date of hire and, after five (5) months, shall accrue sick leave at the rate of eight (8) hours of leave for each full month of service completed from that date. 3. Shift employees shall be credited with seventy-two (72) hours of leave at the date of hire and, after six (6) months, shall accrue sick leave at the rate of twelve (12) hours per each full month of service completed from that date. 4. Regularly scheduled hours off duty shall not be charged against sick leave. 9 5. Sick leave shall not accrue during leaves of absence without pay or during layoffs. After five years of continuous service, the Employer agrees to buy back accrued sick leave at the rate of twenty-five percent (25%) of the current basic rate of pay if either: a. Employee enters into the LEOFF retirement program. b. Employee is placed on Permanent Medical Disability. 6. At the discretion of the Board of Commissioners, sick leave may be extended by resolution. 7. The maximum sick leave accrual shall be twelve hundred (1200) hours for shift employees and eight hundred (800) hours for non-shift employees. SECTION B: SICK LEAVE USAGE 1. One (1) hour of sick leave will be charged for each one (1) hour off duty. 2. All bargaining unit members shall be allowed to use sick leave with pay at the employee‟s regular rate under the following conditions:  When the employee is incapacitated for the performance of his or her assigned duties by reason of sickness or injury resulting from causes beyond the employee‟s control, or When through exposure to contagious diseases, the presence of the employee at his post of duty would jeopardize the health of others, or To attend regularly scheduled medical appointments for the employee or for his or her spouse, provided that the employee and his or her spouse were unable to schedule these exams or procedures on non-work scheduled days, or To attend regularly scheduled medical appointments for the employee‟s dependents, provided that the employee was unable to schedule these appointments on non-work scheduled days and the employee‟s spouse was unable to attend the appointment, or To attend medical appointments of an employee‟s spouse, dependents, or parents in emergency situations requiring immediate medical care, or To care for spouse and legal dependents who are incapacitated by reason of sickness or injury when the employee‟s presence is required. The Fire District may, in its sole discretion, request documentation from the employee to show why the employee‟s presence was required. Employees shall make good faith 10      efforts to arrange for alternate care for sick or injured family members during their regularly scheduled shifts. 3. Use of sick leave for absences resulting from on-the-job injuries shall be governed by applicable state law. 4. Any employee who uses more than twenty-four (24) consecutive scheduled hours of sick leave may be required by the Fire District to produce a doctor‟s statement verifying the employee‟s continued need for sick leave. 5. Abuse and misuse of sick leave is grounds for disciplinary action up to and including discharge. The Fire District maintains the right at any time it suspects abuse or misuse of sick leave to require the employee to provide certification from an attending physician or health care provider attesting to the illness or injury. 6. The District may grant additional sick leave usage for employees at the District‟s discretion. 7. Accrued sick leave may be utilized by an employee who may be on „disability‟ to allow the employee to be made „whole‟. In such cases the employee will receive their regular monthly pay check and will be required to remit any disability insurance payments back to the employer for credit to the employee‟s sick bank. SECTION C: BEREAVEMENT LEAVE 1. For the purpose of administration of this Article, a “close relative” is defined to include spouse, child, parent, step parent, sibling, grandparents, and grandchildren of the employee and spouse. “Child” shall be defined as every natural born child, step-child, and child legally adopted or made a legal ward of the employee. 2. Employees shall receive leave under this Article as follows: 24 hour shift employees 40 hour employees two (2) shifts five (5) days 3. Employees may be granted additional funeral leave at the discretion of the Chief where circumstances, such as travel distance, warrant. 4. Funeral leave will be charged against the employee‟s accumulated sick leave. 5. Employees notified of a death of a close relative while on duty shall be immediately excused from work for the balance of the shift if it is necessary that the employee be immediately off work to attend to such a situation. Such time off shall be with pay in addition to the benefit applicable. If the employee is working on an overtime basis, 11 the employee will be allowed to leave work but will be paid only for hours actually worked. 6. The Fire District agrees to allow the remaining portions of an employee‟s vacation or compensatory time to be used as funeral leave. SECTION D: MILITARY LEAVE Employees enlisting or entering the military or naval service of the United States pursuant to the provisions of the Military Selection Service Act of 1967, as amended, shall be granted all rights and privileges provided by the Act. Employees fulfilling their obligations with respect to the National Guard or reserve status in the armed forces shall be granted a leave of absence for such purpose as provided by law. SECTION E: JURY DUTY An employee summoned for jury duty shall be granted administrative leave for such service and shall be paid by the Fire District the regular wage, less such remuneration received as compensation for such duty. ARTICLE 10 Vacation SECTION A: VACATION: Vacation leave is accrued in hours and is credited monthly based upon the following schedules: Day Shift Employees Service Time <1 year 1<5 years 5<10 years 10 plus years Hours Accrued Monthly 4.8 hours 8 hours 14.4 hours 17.6 hours 12 Days per Year 7.2 days 12 days 21.6 days 26.4 days 10-Hour Day Shift Employees Service Time Hours Accrued Monthly <1 year 1<5 years 5<10 years 10 plus years 4.8 hours 8 hours 14.4 hours 17.6 hours Days per Year 5.7 days 9.6 days 17.3 days 21.1 days 24-Hour Shift Employees Service Time Hours Accrued Monthly <1 year 1<5 years 5<10 years 10 plus years 6 hours 10 hours 18 hours 22 hours Shifts per Year 3 shifts 5 shifts 9 shifts 11 shifts SECTION B: VACATION CARRYOVER AND PAYOFF 1. Vacation leave may be carried over on an annual basis with no limit of accumulation. 2. Upon submittal of resignation, properly accrued but unused vacation time remaining at termination will be paid, not to exceed the maximum current accrual rate for one year. 3. When an employee is permanently separated from the District (death, retirement, layoff or discharge) the employee may be required to utilize any accrued vacation time prior to the termination date. Properly accrued but unused vacation shall be compensated, as pay, at the employee‟s regular rate of pay. 13 SECTION C: VACATION SELECTION Vacation shall be taken as requested by the employee, with the approval of the Fire Chief or his or her designee. Vacation requests should be made at least thirty (30) days in advance. SECTION D: FIRE ACADEMY PAID ADMINISTRATIVE LEAVE Following successful completion of the North Bend Fire Training Academy as either Basic Firefighter or Company Officer, union members shall be given one consecutive week of paid administrative leave immediately following graduation. ARTICLE 11 Holidays SECTION A: 24-HOUR SHIFT EMPLOYEES shall receive in lieu of holidays, fortyeight (48) additional vacation hours per year. These hours shall be added to the employees vacation accrual at the beginning of each year. SECTION B: DAY SHIFT EMPLOYEES: Day shift employees shall observe the following paid holidays consistent with the state schedule as set forth in RCW 1.16.050 on the day on which they fall. As the needs and circumstances of the Fire District dictate, the Fire District may require a day shift employee to work on any of the paid holidays below. If the Fire District requires a day shift employee to work on one of the listed holidays below, he or she shall receive overtime pay of one and one-half the regular rate of the employee in addition to the paid holiday. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1st day of January (New Years Day) 3rd Monday of January (anniversary of the birth of Martin Luther King, Jr.) 3rd Monday of February (Presidents‟ Day) Last Monday of May (Memorial Day) 4th day of July (Independence Day) 1st Monday in September (Labor Day) 11th day of November (Veterans‟ Day) 4th Thursday in November (Thanksgiving Day) The day immediately following Thanksgiving Day The 25th of December (Christmas Day) For 8-hour personnel whenever any legal holiday falls upon a Sunday, the following Monday shall be the legal holiday. Whenever any legal holiday falls upon a Saturday, the preceding Friday shall be the legal holiday. For 10-hour employees on a Monday through Thursday schedule when a holiday falls on a Friday, Saturday, or Sunday the 14 following Monday shall be the legal holiday. For 10-hour personnel on a Tuesday through Friday schedule when a holiday falls on a Saturday, Sunday, or Monday the preceding Friday shall be the holiday. If both the 10-hour employee and the District agree, this holiday may be changed to another day. ARTICLE 12 Salaries The salaries of the employees governed by this Agreement are set forth in Appendix “A,” which is attached and incorporated by reference. ARTICLE 13 Health Insurance SECTION A: HEALTH INSURANCE The Employer shall pay 100% of all monthly premiums for Medical, Dental, and Vision coverage for employees for the 2008 contract. In 2008, the District will cover up to a 10% increase over the 2007 dependent premiums for Kaiser and COMP PPO Plan 1. For COMP PPO Plan 2, District will cover 100% of any dependent premium increase. SECTION B: LIFE INSURANCE The Fire District shall offer Voluntary Group Term Life Insurance for a maximum of $25,000 coverage and shall pay the monthly premium for this coverage. Employees who wish to purchase additional amounts of insurance will be responsible for the additional premium. SECTION C: DISABILITY INSURANCE The employer shall pay 100% of the premium for disability insurance at the same or greater level of coverage in effect at the time of the execution of the Agreement. 15 ARTICLE 14 Uniforms SECTION A: All required uniform items shall be furnished to each employee as part of their initial uniform issue and shall include: 2 3 3 3 2 2 2 1 1 1 2 1 Job shirts uniform shirts*(employee has choice of long or short sleeve) uniform pants T-shirts*(employee has choice of long or short sleeve) sweatshirts sweat pants workout shorts ball cap pair of black uniform/safety boots black belt pair of coveralls** Class A uniform after successful completion of probationary period. * The District will provide 4 of these items to employees working 4-10 hour shifts and 5 of these items to employees working 5-8 hour shifts. **These will be provided only to the Mechanic. Uniform items will be replaced by the District as needed. SECTION B: All initial issue and replacement uniform items and vendor(s) will be determined by the Employer. SECTION C: All uniforms and equipment issued or purchased by the Employer for each employee shall remain the property of the Employer. SECTION D: The Fire Chief or designee shall determine the appropriate uniform for each work shift. 16 SECTION E: Protective clothing and equipment as required by the Washington State Department of Labor & Industries shall be supplied and maintained at no cost to the employee. ARTICLE 15 Educational Hours and Reimbursement SECTION A: Educational reimbursements for college courses that are not required by the Fire District are available per the following: 1. Classes are pre-approved in advance by the Fire District Chief or the Chiefs designee. 2. A maximum reimbursement per employee at a cost of 20 credits or $2000.00 per year, whichever is higher. 3. The Fire Districts total reimbursement cannot exceed one-half the cost of tuition and books. Reimbursement will be based on the reimbursement policy. 4. Employee must find coverage or exchange reimbursement funds to pay for coverage of missed shifts. 5. The approval of Education Reimbursement is granted on a first come first serve basis and is limited to the total amount budgeted for the current year. 6. The total available funds do not roll over or accumulate if unused. SECTION B: Non-mandatory, approved Fire and EMS classes worked at the employees choice that are outside the employees normally scheduled shift shall be compensated as compensatory time off, hour for hour. If, in the normal pay cycle, these non mandatory hours worked exceed the FLSA overtime limits, the employee shall receive one and one-half hours of compensatory time for each hour worked. No compensatory time off shall be paid for any hours worked outside the employees normally scheduled shift due to a trade shift. SECTION C: Mandatory Fire and EMS classes required by the District when worked outside of the employees normal work schedule, will be compensated at one and onehalf hours of compensatory time or pay at the employees discretion. The District will cover the employees on duty time spent at class. 17 ARTICLE 16 Grievance Procedure SECTION A: Grievances are defined as disputes involving the interpretation or application of this Agreement. Grievances shall be resolved in the following manner. SECTION B: All grievances must be initiated under the grievance procedure within thirty (30) calendar days of when such matter comes to the attention of the employee. Any grievance not timely under this provision is waived. Step 1: Any employee having a grievance shall first present the grievance in writing to a Fire District Battalion Chief. That Battalion Chief shall review the grievance and render a written decision to the grievant within ten (10) calendar days. Step 2: If the grievance is not resolved in Step 1, the grievant shall submit in writing to a Union Grievance Committee all relevant facts involving the alleged grievance. The Union Grievance Committee, upon receiving the written and signed petition from the employee, shall respond in writing to the grievant within ten (10) calendar days after receipt of the grievance. If the Grievance Committee fails to take action in ten days, or if, in their opinion, no grievance exists, no further action by the Fire District is necessary. If the grievance proceeds, the employee shall have the right to request representation from the Union at any succeeding stages of the grievance procedure. Step 3: If the grievance is not resolved at Step 1 and 2 and the Grievance Committee timely finds a grievance exists, the grievant shall submit the grievance in writing to the Fire District Chief within fourteen (14) calendar days of receipt of the above mentioned supervisor‟s decision. The written grievance shall set forth the relevant facts, including the alleged violation, all contract sections allegedly violated, and the remedy requested. The Chief shall render a written decision on the grievance within seven (7) calendar days. Step 4: If the grievance is not resolved at Step 3, the grievant shall submit the grievance to the Board of Fire Commissioners within seven (7) calendar days of receipt of the Chief‟s decision. The Fire Commissioners shall have discretion to determine what testimony or additional evidence, if any, beyond the written grievance and the Chief‟s decision is necessary to resolve the grievance, and to schedule presentation of such testimony or additional evidence. The Fire Commissioners shall submit their written decision within thirty (30) calendar days. Step 5: The Union may appeal an adverse decision of the Board of Fire Commissioners to a neutral arbitrator. The Union shall give written notice to the Employer of its intent to submit a grievance to arbitration within fourteen (14) calendar days of the Commissioners‟ decision. Within ten (10) days of the Union‟s request to arbitrate, a representative of the Union and of the Employer shall meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they 18 shall immediately request a list of arbitrators from the American Arbitration Association. Within ten (10) calendar days of receipt of the list of ten (10) arbitrators, the Fire District and the Union shall meet, select a first strike by flip of a coin, and then alternately strike the names of the arbitrator on the list until only one name remains. The arbitrator shall render a decision within thirty (30) calendar days of hearing, which shall be final and binding on both parties. The arbitrator shall have no power to alter, amend, or change the terms of this Agreement. The expense of the neutral arbitrator and the reasonable expenses of the arbitration itself, excluding attorneys‟ fees, will be shared equally between both parties. Extension of the above time limits may be accomplished through mutual consent of both parties. SECTION C: MANAGEMENT GRIEVANCE. Management grievances, should they arise, will be presented to the Union President in writing and shall concern alleged violations by the Union (rather than acts of an employee arising out of his employment) of a specific term(s) of the Agreement. Such grievances shall be presented to the Union President within forty-five (45) calendar days of the alleged violation of the Agreement. The Union shall respond in writing to the Fire Chief within ten (10) days. If the grievance is not resolved after the Union President responds, management may take such grievances to arbitration following the procedure in Section B, Step 5, above. ARTICLE 17. Probation SECTION A: Employees in their first year of employment with CCFR shall be considered probationary. During the probationary year, employees may be terminated without cause and without recourse to the grievance and arbitration provisions of this agreement. SECTION B: Employees who promote in rank shall serve a one-year probationary period starting the day the promotion goes into effect. Their new rank may be revoked if they do not adequately perform the duties and functions defined by the administration. During this probationary period, the promoted employee‟s performance will be evaluated at least 2 times, one within the first 6 months, in a written format. ARTICLE 18 Disciplinary Procedures SECTION A: After completion of the probationary period of one year, no employee shall be disciplined or discharged except for just cause. 19 SECTION B: If requested by the employee, the employee shall be entitled to have Union representation present at any meeting requested by the Fire District to discuss potential disciplinary action against him or her. The Fire District may suspend an employee with pay pending the Fire District‟s decision as to the appropriate discipline. Such suspension with pay shall not be subject to the grievance and arbitration procedures contained within this Agreement. When discipline warrants a suspension without pay, it is the Fire District‟s sole determination as to whether or not an employee who is suspended without pay may be allowed to forfeit accrued vacation or compensatory time off in lieu of the suspension without pay. SECTION C: Consistent with state law, each employee shall have the right to review his or her personnel file within a reasonable time after the request is made. ARTICLE 19 Substance Abuse The Fire District and the Union jointly recognize that alcohol and drug abuse problems are a serious safety hazard. The Fire District may require screening of an employee where it has reasonable suspicion to believe said employee is under the influence of alcohol or illegal drugs while at work. All drug and alcohol testing and subsequent actions will be administered consistent with Fire District Policy. ARTICLE 20 Reductions in Force . SECTION A: In the event that the district finds it necessary or desirable to reduce the roll of fulltime District personnel, the employees with the least seniority shall ordinarily be laid off first unless the remaining employees are not equally or more qualified to accomplish the functions that have been accomplished by employees with lesser seniority. If the employee with the least seniority is retained and a more senior employee is instead laid off, the reason(s) for such action shall be clearly stated in writing and provided to the collective bargaining unit. SECTION B: When employees are laid off, their names shall be placed on a threeyear re-employment list in inverse order of layoff. The employees shall remain on this list for three years. If the Fire District determines in its sole discretion to hire employees in a position from which an employee was laid off, and if the former employees on the 20 re-employment list are currently able to pass the District‟s current physical agility, the Districts Medical Evaluation, provide proof of current, or eligibility to obtain within 3 months of rehire, certifications for job listing and three years has not passed since their layoff, such employees will be given the first opportunity to return to work in the order of greatest seniority as a full-time employee in the Fire District. ARTICLE 21 Seniority SECTION A: Seniority shall be determined by continuous full-time service with Fire District 11 and Fire District 12 from date of hire. Continuous service shall be broken by resignation, termination, or retirement. Two lists shall be established at the commencement of this contract; one will be an overall full time seniority list and the other will be a officer seniority list determined by date of promotion. SECTION B: During the period that any employee is on layoff status or any authorized unpaid leave of absence, seniority shall not accrue. Upon returning to work from layoff or leave, the employee shall be granted the level of seniority previously accrued in the rank to which he/she returns. SECTION C: Employees with the same hire date shall be assigned to the seniority list according to the following: 1. The employee with the most time as an active member with the District, volunteer and/or part time, shall be considered the most senior. 2. If this does not break the tie, then seniority shall be determined by the employee with the highest score on the assessment portion of the hiring process, with the highest scoring individual becoming the next most senior person. ARTICLE 22 Medical Expense Reimbursement Plan (MERP) Each member of the Union shall contribute $75 to the Retiree Medical Trust through the Washington State Council of Firefighters (WSCFF). This amount will be deducted pretax from the employee‟s regular monthly pay and forwarded to the WSCFF. This contribution shall be considered mandatory for all members covered under this agreement. The District will pay $25.00 of this amount to the WSCFF towards each member‟s monthly contribution. 21 ARTICLE 23 Saving Clause If any Article of this Agreement should be held invalid by operation of law or by tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into collective bargaining negotiations required by RCW 41.56. ARTICLE 24 Longevity To increase the longevity of employees the Fire District agrees to add the following amounts to the base pay as defined by appendix (A). Employed more than 5 years Employed more than 7 years Employed more than 9 years 2% 3% 4% These longevity additions shall not be accumulative. 22 ARTICLE 25 Deferred Compensation After an employee has completed their probationary period, the Fire District will match 100% of an employee‟s contribution to a Fire District approved deferred compensation plan. The Fire District will only contribute a maximum of $50 per month for the first 5 years of employment. Following that, the percentages of base salary listed below shall be used: Employed more than 5 years Employed more than 7 years Employed more than 9 years 2% 3% 4% These Deferred Compensation additions shall not be accumulative. 23 ARTICLE 26 Wellness Program and Job Function Ability Testing The Fire District and the Union believe that healthy and physically fit employees are essential to maintaining a safe working environment and are a benefit to the citizens they serve. Therefore, the Fire District and Union agree to participate in a mandatory wellness program at no cost to the employee. The results of the wellness exam will be confidential and for the employees benefit only. The employee is expected to participate in the wellness program as directed by the agency providing this service. To ensure the employee is successful in passing the Annual Job Function Ability, the Fire District and Union will offer and participate in the wellness program mentioned above, mandatory on duty physical training, and the Union‟s participation in a peer fitness trainer program. The Fire District and Union are committed to working together in an effort to develop an annual job function ability testing program, with the goal of promoting a physically fit and safe firefighting force. The job function ability test will be a jointly developed test that focuses on the firefighter‟s ability to demonstrate their physical ability to perform the duties of a District firefighter in accordance with a job functional ability testing policy. ARTICLE 27 Reclassifications Section A: Any employee who as a condition of employment is certified as a paramedic shall maintain, at the District‟s expense, such certification for a minimum of six (6) years. After six (6) years, he/she may revert to a minimum of EMT-B only as firefighter positions are filled. Section B: Any employee who is certified as a Clark County paramedic on a voluntary basis shall receive incentive pay as set forth in Appendix A and shall be responsible for maintaining said certification at his/her own expense. These employees may revert to a minimum of EMT-B at any time. Section C: Any employee who is certified as a Clark County paramedic will have first choice to fill any Firefighter/Paramedic vacancies. Section D: Any employee hired for the position of Training Captain Specialist shall not be eligible to reclassify to a line captain position until he/she has filled the position for a minimum of three (3) years. After three (3) years, he/she may fill a vacant Captain position, provided, the District is successful in filling the Training Captain Specialist position with a qualified replacement. The Training Captain may reclassify before 3 years if it is mutually agreed upon. Section E: If more than one employee requests reversion or reclassification as outlined in any of the sections above, the employee with the most seniority shall 24 ordinarily be approved to fill a vacancy unless the remaining employee(s) are more qualified to fill the position. ARTICLE 28 Duty Out of Rank Section A: ELIGIBILITY Any bargaining unit member who is specifically appointed by the District to perform for a minimum of one (1) full shift the responsibilities and duties of a position above that which he or she regularly holds, will be eligible for duty-out-of rank pay for each full shift served in that capacity. Any vacant position shall be filled with a permanent appointment within 12 months. Provided, there is at least 1 qualified candidate for the position. Section B: COMPENSATION An employee who is eligible for duty-out-of-rank pay shall be compensated at the rate of fifty percent (50%) of the Captain differential above the employee‟s regular rate of pay for each full shift served. ARTICLE 29 Safety Committee Section A: There shall be a joint Safety Committee consisting of (at least) four (4) representatives. Fifty percent of the representatives shall be appointed by the Union with the remaining members appointed by the Employer, provided that the Committee shall be constituted, and all the appointments shall be made consistent with applicable law. Section B: The Committee shall meet at least once each calendar quarter and more often as agreed to discuss matters concerning health and safety. The Committee shall make its finding and recommendations to the Employer. 25 EXHIBIT A. Salaries SALARY SCHEDULE FIRE FIGHTER Step A E 3910 4431 4,692 4952 5213 Step B Step C Step D Step Captain Differential: Specialist Differential: Clark County Certified Paramedic: (condition of employment) Clark County Certified Paramedic: (voluntary) 15% of base 5% 10% of base $150/month Lateral Hires shall start at a minimum of step B or higher as determined by the Chief SECTION 1: The following amounts will be added to the monthly base salaries of all personnel for the following: NFPA 1&2 Fire Instructor Certification Washington State I.V. Technician Washington State I.V./Airway Technician AA Degree in Fire Science BA or BS in Fire Admin., Public Admin., or a related field $25.00 25.00 50.00 100.00 200.00 Employees whose job descriptions require a particular certification listed above will not be eligible for the additional monthly salary. 26 IN WITNESS THEREOF, the parties have executed this Agreement on this ____ day of March, _______. CLARK COUNTY FIRE PROTECTION DISTRICT NO. 11 & 12, DBA CLARK COUNTY FIRE AND RESCUE BOARD OF FIRE COMMISSIONERS LOCAL 3674 & 4229, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Chairman President Local 3674 Commissioner President Local 4229 Commissioner Negotiating Representative 27